SECRETARY FOR JUSTICE v. CHENG KA YEE AND OTHERS
HTML content
FAMC No. 51 of 2018
[2018] HKCFA 49
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 51 OF 2018 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 466 OF 2017)
____________________
BETWEEN
| SECRETARY FOR JUSTICE | Applicant | |
| and | ||
| CHENG KA YEE（鄭嘉儀） | 1st Respondent | |
| TSANG WING SHAN（曾詠珊） | 2nd Respondent | |
| WONG PUI MAN（黃佩雯） | 3rd Respondent | |
| U LENG KOK （余玲菊） | 4th Respondent |
____________________
| Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ |
| Date of Hearing and Determination: 2 November 2018 |
_________________________
D E T E R M I N A T I O N
_________________________
Mr Justice Ribeiro PJ:
1. We are satisfied that leave should be granted on the basis that a point of law of the requisite importance is involved in this case, namely:
“What is the scope of the actus reus of the offence under section 161(1)(c) of the Crimes Ordinance (Cap 200)? In particular, is it restricted to the unauthorized extraction and use of information from a computer?”
2. We are also satisfied that leave should be granted on the substantial and grave injustice basis for the appellant to contend, subject to the conclusion reached as to the foregoing point of law, that it is reasonably arguable that the finding as to lack of dishonesty was perverse.
3. The appeal will be heard on 26 February 2019.
| (R A V Ribeiro) Permanent Judge | (Joseph Fok) Permanent Judge | (Andrew Cheung) Permanent Judge |
Mr David Leung, SC, DPP, Mr Robert Lee, SADPP and Ms Kasmine Hui, SPP (Ag), of the Department of Justice, for the Applicant
Mr David Boyton, instructed by T K Tsui & Co., for the 1st and 4th Respondents
Mr Duncan Percy, instructed by Kenneth W Leung & Co., for the 2nd Respondent
Mr James Tze, instructed by Raymond Luk & Co., for the 3rd Respondent